Report of the Canadian Parliamentary Delegation respecting its Mission to Romania, the next country to hold the rotating Presidency of the Council of the European Union, and its participation at the Fourth Part of the 2018 Ordinary Session of the Parliamentary Assembly of the Council of Europe Canada-Europe Parliamentary Association Bucharest, Romania and Strasbourg, France October 8-18, 2018 Report From 8 to 18 October 2018, the Canada-Europe Parliamentary Association sent a delegation of five parliamentarians to Strasbourg, France and Bucharest, Romania to participate in the fourth part of the 2018 Ordinary Session of the Parliamentary Assembly of the Council of Europe (PACE) and as part of a mission to the next country to hold the rotating presidency of the Council of the European Union. The delegates were Mr. Scott Simms, MP and head of the delegation; Hon. Senator Rosa Galvez (for the PACE part of the mission); Hon. David Wells, Senator (for the Romania part of the mission); Mr. Don Davies, MP; Ms. Rachel Harder, MP; Mr. Nick Whalen. The delegation was accompanied by Association Secretary, Ms. Guyanne Desforges, and Association Advisor, Ms. Laura Barnett. PARTICIPATION IN THE FOURTH PART OF THE 2018 ORDINARY SESSION OF THE PARLIAMENTARY ASSEMBLY OF THE COUNCIL OF EUROPE From 8 to 12 October, the delegation participated in the fourth part-session of the Parliamentary Assembly of the Council of Europe, for which Canada has observer status. The delegation was joined in Strasbourg by Mr. Alan Bowman, Deputy Head of Canada’s Mission to the European Union and Canada’s Permanent Observer to the Council of Europe. A. Overview of the Agenda of the Parliamentary Assembly of the Council of Europe During the fourth part-session a wide range of topics were debated in the Assembly and in its committees and political groups. The Assembly held debates on the following: • Progress report of the Bureau and the Standing Committee; • Observation of the early presidential and parliamentary elections in Turkey (24 June 2018); • Strengthening the decision-making process of the Parliamentary Assembly concerning credentials and voting; • The treatment of Palestinian minors in the Israeli justice system; • Regulating foreign funding of Islam in Europe in order to prevent radicalisation and Islamophobia; • Radicalisation of migrants and diaspora communities in Europe; • Current affairs debate: The future of the Council of Europe; • Private and family life: achieving equality regardless of sexual orientation; • Unlimited access to member States, including “grey zones”, by Council of Europe and United Nations human rights monitoring bodies; • Nuclear safety and security in Europe; • The role of national parliaments in successful decentralisation processes; • Family reunification of refugees and migrants in Council of Europe member States; • Migration from a gender perspective: empowering women as key actors for integration; • Deal-making in criminal proceedings: the need for minimum standards for trial waiver systems; • The crash of Polish Air Force Tu-154M transporting the Polish State delegation, on 10 April 2010 on the Russian Federation’s territory; • Free debate. The Assembly also heard from the following speakers: • Mr. Khemaies Jhinaoui, Minister for Foreign Affairs of Tunisia; • Ms. Marija Pejčinović Burić, Deputy Prime Minister, Minister of Foreign and European Affairs of Croatia and Chairperson of the Committee of Ministers. B. Canadian Activities during the Session 1. Overview The members of the delegation actively participated in proceedings of the PACE, including plenary proceedings and committee meetings. The members also attended the meetings of the various political groups in the Assembly. In addition, the delegation was briefed by Mr. Bowman, and special meetings were held with Mr. Lawrence Early and Mr. Stefano Piedimonte Bodini of the European Court of Human Rights (ECHR); Ms. Dunja Mijatović, Commissioner for Human Rights; Mr. Thomas Markert, Secretary of the Venice Commission; the delegation of Georgia to PACE; the delegation of Romania to PACE; and the delegation of Turkey to PACE. Mr. Bowman also held a reception for the delegation to meet Canadian employees at the Council of Europe. Finally, Mr. Scott Simms and Mr. Don Davies travelled to Paris on 10 October to participate in the meeting of the OECD Global Parliamentary Network. 2. Briefing by Canada’s Permanent Observer to the Council of Europe On 8 October, the delegation met with Mr. Bowman, Deputy Head of Canada’s Mission to the European Union and Canada’s Permanent Observer to the Council of Europe. Mr. Bowman began with an overview of PACE and the Council of Europe for new members of the delegation, discussing Canada’s observer status, and the role of the European Court of Human Rights, the Venice Commission and the Commissioner for Human Rights. He noted the evolution of Canada’s involvement in the Council of Europe, from its active participation during Eastern Europe’s transition from Communism, to today, when Canada’s capacity-building efforts are more focused on Afghanistan and countries in Africa. Nevertheless, Canada does remain involved in Council of Europe initiatives – it is actively engaged in Ukraine, particularly with respect to media freedom issues; it is involved with Eurimages; and Canadian officials have recent indicated a willingness to re- engage more fully with the Venice Commission. The delegation discussed with Mr. Bowman the status of Russia within the Council of Europe and at PACE, as a number of the debates during the week dealt with this issue and the PACE rules surrounding the acceptance of a delegation’s credentials. Russia’s voting rights at PACE were suspended in 2014 in reaction to its annexation of the Crimea. In response, Russia did not submit credentials for PACE in 2016 and in subsequent years. In June 2017, Russia announced that it would suspend payment of its contribution to the budget of the entire Council of Europe moving forward. This move has had a significant impact on the Council of Europe’s overall budget and has led to numerous discussions about the future of the Council of Europe. The Committee of Ministers received a legal opinion on the suspension of Russia’s PACE voting rights that indicated that the suspension had a significant impact on Russia’s participation at the Council of Europe as a whole, as Russia is currently unable to, for example, vote for the Secretary General or the Commissioner for Human Rights. The Secretary General is currently searching for ways to engage with Russia and find a compromise that will could allow Russia back to the Assembly. 3. Meeting with Officials from the European Court of Human Rights The delegation met with Mr. Lawrence Early, Jurisconsult of the Registry, and Mr. Stefano Piedimonte Bodini, Head of the Research and Library Division of the ECHR, to receive an overview of the functioning of the court and its role within the Council of Europe. Mr. Early explained the unique nature of the court, including the scope of its jurisdiction and the international resonance of its decisions. Mr. Early also explained the court’s case management procedure and enforcement mechanisms, while Mr. Bodini discussed some current trends in ECHR caselaw with respect to terrorism and state surveillance. Mr. Early noted that the current absence of a Russian delegation at PACE has had significant impact on Russia’s ability to shape the ECHR in the same way as its Council of Europe counterparts because ECHR judges are elected by PACE. Mr. Early and Mr. Bodini responded to questions from the delegation with respect to the court’s current backlog and enforcement mechanisms. Mr. Early indicated that five years ago, the court faced a significant backlog of 165,000 cases. This has now been reduced to 60,000 amid an effort to bring efficiency to the ECHR’s working methods, including an improved IT system and more effective remedies. With respect to enforcement mechanisms, Mr. Bodini indicated that the role of the court essentially ends after it issues a decision – it is up to the Committee of Ministers to bring pressure to bear on governments moving forward. He noted that monetary awards were generally complied with more frequently, while calls for a state to address structural problems were more complicated. With respect to the evolution of the court’s caselaw, Mr. Early noted that the ECHR draws from international standards (for example, United Nations documents and national high court decisions) when deciding cases and will often look at trends and the shared vision of rights among Council of Europe member states in order to reach a decision on emerging interpretations on human rights. 4. Meeting with the Council of Europe Commissioner for Human Rights On 9 October, the delegation met with Ms. Dunja Mijatović, the Council of Europe’s Commissioner for Human Rights. Ms. Mijatović provided the delegation with an overview of her own history working on freedom of expression and access to information files, and then described the wok of her current office. She commented that her office’s priorities evolve, following the course of events in Europe. Currently one important issue is the safety of journalists, following the murders of four journalists in Europe over the past year. Another relevant topic involves the digital world and the impact of artificial intelligence on human rights such as disability and labour rights. In terms of enforcement powers, Ms. Mijatović highlighted the importance of dialogue – engaging with actors and raising awareness of pressing issues. From this perspective, cooperation with other international bodies and civil society is also crucial. Ultimately, political will from governments to address the issues that she raises is essential. Ms. Mijatović emphasized that although “naming and shaming” is part of her role, she sees the relevance of quiet diplomacy, dialogue with governments, and ultimately, making clear and direct calls for action.